Corporations and Securities

Australian Law Journal update: Vol 91 Pt 9

By Journal Alerts on September 20, 2017

The latest Part of the Australian Law Journal contains the following articles: “Subrogation to the Trustee’s Personal Right of Indemnity” – Ahmed Terzic; “Family Provision Applications: A Critique” – Anthony Gray; “Family Provision Law in New South Wales: Celebrating its Centenary” – Tihana Mandic. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Crime and Evidence; Family Law; The Legal Observer (“Playing Politics with the Politicians”); Corporations and Securities; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Ahmed Terzic, Alan Robertson, ALJ, Angelina Gomez, Anthony Gray, Around the Nation: Northern Territory, ASIC v Flugge [No 2] [2017] VSC 117, Baxter Roberts, Book reviews, Brendan Edgeworth, caveats, Conveyancing and property, Corporations and Securities, Crime and Evidence, Current issues, Eli Ball, Enrichment at the Claimant’s Expense: Attribution Rules in Unjust Enrichment, family law, family provision applications, family provision law, gifts in contemplation of death, Greg Weeks, Hon Dean Mildren AM RFD QC, Hugh Selby, Interpretation of International Investment Treaties, J C Campbell QC FAAL, Jacobs’ Law of Trusts in Australia, John Dyson Heydon, Judicial Review of Administrative Action and Government Liability, Julian R Murphy, Justice François Kunc, Justice Phillip Priest, Kanaga Dharmananda SC, Keith Mason AC QC, Local Court of the Northern Territory, Mark Aronson, Mark James Leeming, Matthew Groves, Michael Pelly, Northern Territory Civil and Administrative Tribunal, Paul Bennett, Prosecuting, Raymond Gibson, Recent cases, recording conversations, Richard Ingleby, Robert Angyal SC, Robert Baxt AO, Ruth C A Higgins, s 44 of the Constitution, short-term lettings in strata developments, Specialist Courts for Sentencing Aboriginal Offenders: Aboriginal Courts in Australia, subrogation to the trustee's personal right of indemnity, Tarcisio Gazzini, tendency evidence, Testator’s Family Maintenance and Guardianship of Infants Act 1916 (NSW), The Legal Observer, Tihana Mandic, unfair testamentary provisions | Leave a response

Australian Law Journal update: Vol 91 Pt 8

By Journal Alerts on August 24, 2017

The latest Part of the Australian Law Journal contains the following articles: “Crime Commissions and Compulsory Examinations: Whither the Right to Silence?” – Hon T F Bathurst AC and Sarah Schwartz; “Ramifications of the Recognition of a Common Fund in Australian Class Actions: An Early Appraisal” – Michael Legg; “The Case Against a National Court of Appeal” – Shawn Rajanayagam. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; The Legal Observer; Personalia; Around the Nation: Tasmania; Corporations and Securities; From the Law Schools; Admiralty and Maritime; Recent Cases; Book Reviews; and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Accommodating Muslims Under Common Law, Admiralty and Maritime, ALJ, ALRC – Elder Abuse – A National Legal Response, Angelina Gomez, appellate hierarchy, Around the nation: Tasmania, Arthur R Emmett AO QC, Australian Securities and Investment Commission, Book reviews, Brendan Edgeworth, Carolyn Rogers, Clare Langford, class actions, common fund, Community Protection Offender Register, compulsory examinations, contempt of court by politicians, Conveyancing and property, Corporations and Securities, Crime Commissions, Current issues, Darren C Kane, Deborah Healey, Doping in Sport and Law, Dr Damien J Cremean, From the law schools, Gabrielle Appleby, Ghena Krayem, Hon T F Bathurst AC, John Riordan, judicial independence, Justice François Kunc, Justice Stephen Estcourt AO, letter to the editor, M J Beazley AO, Michael Legg, Michael Pelly, National Court of Appeal, Obituary, personal views in judicial decisions, Personalia, Peter Birks, power of sale, privilege against self-incrimination, Professor Michael Coper, Recent cases, right to silence, risk of sex offending, Robert Angyal SC, Robert Baxt AO, Role of the Solicitor-General, Ruth C A Higgins, Salim Farrar, Sarah Schwartz, Senior Registrar of the High Court, Shawn Rajanayagam, slot charters, statutory duty of care on mortgagees, surrogate ship arrest, The Hon Justice Stephen Gageler AC, The Legal Observer, The Roman Law of Obligations, Ulrich Haas, W Sofronoff | Leave a response

Australian Law Journal update: Vol 90 Pt 9

By Journal Alerts on October 20, 2016

The latest Part of the Australian Law Journal contains “Current Issues” by General Editor, the Hon Justice François Kunc. It features the following articles: “Anti-Semitism, Hate Speech and Pt IIA of the Racial Discrimination Act” – Ronald Sackville AO QC; “Liquidator Remuneration, Creditor Dividends and the Public Interest: Recent NSW Supreme Court Decisions and the Continuing Need for Reform” – A Keith Thompson; “Should Lower Court Judges Bind Magistrates and Tribunals?” – Oliver Jones. This Part also includes the following sections: Conveyancing and Property; Corporations and Securities; Recent Cases, Book Reviews and Obituary.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “running account” defence, A Keith Thompson, Alistair Harkness, ALJ, Angelina A Gomez, anti-Semitism, binding decisions, Book reviews, Bridget Harris, comity, company culture, concurrent leases, contract enforcement, contract for sale of land, Conveyancing and property, Corporations and Securities, creditor dividends, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 90 ALJR 770, Current issues, David Baker, deposits, Donald R Rothwell, estate agents, Hall v Poolman (2007) 215 FLR 243, hate speech laws, Holocaust, judicial accountability, Justice François Kunc, law firm funding models, liquidator remuneration, Locating Crime in Context and Place: Perspectives on Regional Rural and Remote Australia, Lord Chancellor, lower court judges, magistrates and tribunals, Obituary, Oliver Jones, peak indebtedness, penalties, Peter Butt, Pt IIA of the Racial Discrimination Act 1975 (Cth), public interest, purchaser’s interest, Recent cases, Robert Baxt AO, Ronald Sackville AO QC, Royal Commission into Child Protection and Youth Detention Systems in the Northern Territory, Ruth C A Higgins, s 18C of the Racial Discrimination Act 1975 (Cth), Skye Saunders, the Hon James Frederick Staples, The International Law of the Sea, Tim Stephens, Valentine v Eid (1992) 27 NSWLR 615, Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, Whispers from the Bush | Leave a response

Australian Law Journal update: March 2016

By Journal Alerts on April 21, 2016

The latest Part of the Australian Law Journal includes the following articles: “The Widening Net of Preventative Detention and the Unfit for Trial” – Kerri Eagle and Andrew Ellis; and “Construction of Contracts after Mount Bruce Mining V Wright Prospecting” – Daniel Reynolds. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Personalia; Corporations and Securities; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Andrew Ellis, Appointment of Queen's Counsel (Qld), Appointment of Senior Counsel (NSW), Appointment of Senior Counsel (Vic), Appointment of Senior Counsel (WA), art auctioneers, business judgment rule, Clare Langford, Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337, comity, Conveyancing and property, Corporations and Securities, Current issues, Daryl Coates SC, extrinsic evidence, Golden Mile Property Investments Pty Ltd (in liq) v Cudgegong Australia Pty Ltd (2015) 89 NSWLR 237, Guest Editor, high risk offenders, Judge Mary-Louise Hribal, Justice James Edelman, Kerri Eagle, King v Dubrey [2016] 2 WLR 1; [2015] EWCA Civ 581, landlord and tenant, Law Council of Australia, Law Reform Commission Chair (NSW), Michael Roderick Byrne QC, Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 89 ALJR 990; [2015] HCA 37, NSW Bar Council, off-the-plan purchasers, Personalia, Peter Butt, preventative detention, Professor Robert Baxt AO, Recent cases, rescission, sunset clause, The Creative Foundation v Dreamland Leisure Ltd [2015] 3 WLR 1814; [2015] EWHC 2556 (Ch), The Hon Justice Philip Donald McMurdo, Thwaytes v Sotheby's [2016] 1 All ER 423; [2015] EWHC 36 (Ch), unfit for trial, Victorian Bar Council | Leave a response

Australian Law Journal update: January 2016

By Journal Alerts on February 21, 2016

The latest Part of the Australian Law Journal includes the following articles: “Magna Carta and the Executive” – James Spigelman; “Much ado about nothing: Why accepting an invitation did not make Dyson Heydon AC, QC appear biased” – Louise Floyd; and “The tyranny of small differences: Culpability gulf between subjective and objective tests for extended joint criminal enterprise in Australia” – Laura Stockdale. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Corporations and Securities; Recent Cases; and a Book Review: “Residential Tenancies: Law and Practice – New South Wales” (6th ed) by Allan Anforth, Peter Christensen and Sophie Bentwood.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ACN 005057449 Pty Ltd v Commissioner of State Revenue (Vic) [2015] VSCA 332, Acting Justice Peter W Young AO, ALJ, Allan Anforth, Angelina Gomez, Bob Baxt, book review, Conveyancing and property, Corporations and Securities, CPA Australia Ltd v Storai [2015] VSC 442, Crime and Evidence, culpability test, Current issues, Dyson Heydon AC QC, Electric Life Pty Ltd v Unison Finance Group Pty Ltd [2015] NSWCA 394, extended joint criminal enterprise (EJCE), James Spigelman, Justice Phillip Priest, Laura Stockdale, Louise Floyd, Magna Carta, Peter Butt, Peter Christensen, Recent cases, Residential Tenancies: Law and Practice – New South Wales (6th ed), Robert Baxt AO, Royal Commission into Trade Union Governance, Sophie Bentwood, Young v Smith [2015] NSWSC 400 | Leave a response

Australian Law Journal update: December 2015

By Journal Alerts on December 8, 2015

The latest Part of the Australian Law Journal includes the following articles: “The Governor-General is Australia’s head of state” – Sir David Smith KCVO, AO; “What do we learn from the Court of Appeal decision in Dion Investments and how can the finding be avoided?” – David K L Raphael; and “Mistaken consumer electronic payments: an Australian solution?” – R R Edwards. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; Personalia; Corporations and Securities; Admiralty and Maritime; Overseas Law; Recent Cases; a Book Review: “Clear & Concise – Become A Better Business Writer” by Susan McKerihan; and Answers to the Quiz.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, Admiralty and Maritime, ALJ, Angelina Gomez, Anne Twomey, Answers to Quiz, Around the Nation: Western Australia, Bob Baxt, book review, Clare Langford, Colin Picker, constitutional law, consumer electronic payments mistake, Conveyancing and property, Corporations and Securities, Current issues, David K L Raphael, Dr Damien Cremean, Governor-General, head of state, Justice Kenneth Martin, Overseas law, Personalia, Peter Butt, R R Edwards, Re Dion Investments Pty Ltd (2014) 87 NSWLR 753, Recent cases, Robert Baxt AO, Sir David Smith KCVO AO, Susan McKerihan | Leave a response

Australian Law Journal update: November 2015

By Journal Alerts on November 7, 2015

The latest Part of the Australian Law Journal includes the following articles: “Is access to justice a right or a service?” – Steven Rares; “Some judicial fallacies concerning entire agreement clauses” – I M Jackman; and “The ex ante approach to assessing materiality: To what extent are subsequent price movements relevant?” – Andrew Eastwood. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Tasmania; Personalia; Around the Nation: Northern Territory, Corporations and Securities; Environmental Law; Recent Cases; and a Book Review: “Principles of Taxation Law 2015” by Kerrie Sadiq.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged "entire agreement" clauses, ALJ, Andrew Eastwood, Angelina Gomez, arbitration, Around the Nation: NT, Around the Nation: Tas, book review, Clare Langford, class action, coal seam gas, collateral contracts, commercial contract, compulsory easements, construction and interpretation, continuous disclosure and insider trading provisions in the Corporations Act 2001 (Cth), Conveyancing and property, Corporations and Securities, court fees, Current issues, destruction of unregistered leases, directors and indemnities, District Court appointment (NSW), electronic contracts, electronic signatures, email contracts, environmental law, environmental offences and penalties, estoppel, fishing and shark culling, Hon Dean Mildren AM RFD QC, Ian Jackman, IM Jackman, Justice Brigitte Markovic, Justice Rachel Pepper, Justice Robert McClelland, Justice Stephen Estcourt, Kerrie Sadiq, Lea Armstrong, Lighting by Design (Aust) Pty Ltd v Cannington Nominees Pty Ltd (2007) WASC 88, loss or damage from misstatement or omission in disclosure document, market reaction to subsequent disclosures, market-based causation, materiality on an ex ante basis, Michael Christie SC, misleading or deceptive conduct, Office of the Director of Public Prosecutions (ODPP), parol evidence rule, patentable subject matter, Personalia, Peter Butt, Peter George Underwood AC, Principles of Taxation Law 2015, prisoners, Productivity Commission on Access to Justice Arrangements report, Re Shen [2015] NSWCATCD 49, Recent cases, retroactive validity of approvals (WA), Robert Baxt AO, Ruth Higgins, s 180 of the Property Law Act 1974 (Qld), s 28 of the Environmental Planning and Assessment Act 1979 (NSW), s 88K of the Conveyancing Act 1919 (NSW), solitary confinement, specialist child sexual assault judges, Stellard Pty Ltd v North Queensland Fuel Pty Ltd [2015] QSC 119, Steven Rares, subsequent trading activity and price movements, unwilling landowners, windfarm, writing requirements | Leave a response

Australian Law Journal update: August 2015

By journals team on September 17, 2015

The latest Part of the Australian Law Journal includes the following articles: “Faulty refinancing: Subrogation, Torrens and the PPSA” – Hon W M C Gummow AC and J G H Stumbles; and “Interpreting statutes and contracts: A distinction without a difference?” – Jacinta Dharmananda and Leon Firios. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Qld; Crime and Evidence; Personalia; Overseas Law; Around the Nation: NT; Admiralty and Maritime; Corporations and Securities; Recent Cases; Book Reviews; and an Obituary for John Toohey.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, Admiralty and Maritime, ALJ, Around the Nation: NT, Around the Nation: Qld, Book reviews, Clare Langford, Colin Picker, Conveyancing and property, Corporations and Securities, Crime and Evidence, Current issues, Dr Damien J Cremean, faulty refinancing, interpreting private agreements, interpreting statutes, J G H Stumbles, Jacinta Dharmananda, John McKenna QC, John Toohey, Justice Phillip Priest, Leon Firios, Obituary, Overseas law, Personalia, Peter Butt, PPSA, Recent cases, Robert Baxt AO, subrogation, The Hon Dean Mildren AM RFD QC, The Hon W M C Gummow AC, Torrens | Leave a response

Australian Law Journal update: April 2015

By journals team on April 17, 2015

The latest Part of the Australian Law Journal includes the following articles: “Judicial ethics and judicial misbehaviour: Two sides of the one coin?” – Ronald Sackville AO QC; “Investor claims and the reach of proportionate liability” – Alister Abadee; and “Future representations and the grounds that may be relied on to establish reasonableness” – Andrew Eastwood. Also in this Part are the following sections: Current Issues; Conveyancing and Property; Around the Nation: Queensland; Personalia (including entries for New South Wales, Northern Territory, South Australia, Tasmania and Victoria); Corporations and Securities; Recent Cases; and Book Reviews.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, Alister Abadee, ALJ, Andrew Eastwood, Angelina Gomez, Around the Nation: Qld, Book reviews, Clare Langford, Conveyancing and property, Corporations and Securities, Current issues, Excursions in the Law by Peter Heerey, future representations, Interpreting Principles of Equity by M Cope, investor claims, John McKenna QC, judicial ethics, judicial misbehaviour, Personalia, Peter Butt, proportionate liability, reasonableness, Recent cases, Robert Baxt AO, Ronald Sackville AO QC | Leave a response

Australian Law Journal update: November 2014

By journals team on November 20, 2014

The November Part of the Australian Law Journal includes the following articles: “Equity: The soul and spirit of all law or a roguish thing? – Lehane Lecture 2014” – Lord David Neuberger; and “ACCC compulsory examinations: Does the “accusatorial” principle of criminal justice affect them?” – Peter Strickland; and the following sections: Current Issues; Conveyancing and Property; Crime and Evidence; Around the Nation: Northern Territory; Administrative Law; Around the Nation: Western Australia; Personalia; Corporations and Securities; International Focus; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged ACCC, accusatorial principle, Acting Justice Peter W Young AO, administrative law, Around the Nation: Northern Territory, Around the Nation: Western Australia, Chief Justice Paul de Jersey AC QC, Chief Justice Timothy Carmody, compulsory examinations, Conveyancing and property, Corporations and Securities, Crime and Evidence, criminal justice, Current issues, equity, forced labour, Hon Dean Mildren AM RFD QC, International focus, Justice Debbie Mortimer, Justice Jacqueline Gleeson, Justice Jennifer Davies, Justice Jonathan Beach, Justice Kenneth Martin, Justice Melissa Perry, Justice Michael Wigney, Justice Phillip Priest, Justice Richard White, Justice Tony Pagone, Lehane Lecture 2014, Lord David Neuberger, Personalia, Peter Butt, Peter Strickland, Recent cases, Robert Baxt AO, Ryszard Piotrowicz, Sienna Merope, Uniform Evidence Act | Leave a response

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